Courts will gain the right to request original documents during online hearings
The Verkhovna Rada proposes to change the rules for examining evidence in courts operating in videoconference mode. The relevant changes are provided for in draft law No. 15355.
The amendments are justified by the fact that despite the active use of remote court hearings, the legislative regulation of certain procedural aspects remains incomplete.
Conducting remote court hearings has gaps that create legal uncertainty. In particular, the procedure for submitting and reviewing original evidence during videoconferences is not regulated. At the same time, evidence not examined in court cannot be used for a decision.
Draft law No. 15355 aims to formalize the procedure for working with evidence in the context of remote justice and reduce the risks of legal uncertainty during case consideration.
The proposed changes concern three procedural codes at once and aim to unify the approach to examining evidence in civil, commercial, and administrative proceedings. At the same time, the document states that the implementation of the initiative will not require additional expenses from the State Budget of Ukraine.
Accordingly, the draft law provides for amendments to the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, and the Code of Administrative Procedure of Ukraine.
The changes relate to Article 229 of the Civil Procedure Code of Ukraine, Article 210 of the Commercial Procedure Code of Ukraine, and Article 211 of the Code of Administrative Procedure of Ukraine. Currently, these articles provide that participants in the case may give explanations regarding written, physical, and electronic evidence or protocols of their review, as well as ask questions to experts. The first question to the expert is asked by the person who requested their summons.
The Verkhovna Rada proposes to supplement these articles with a provision according to which, when examining evidence during a court hearing in videoconference mode, the court will have the right to oblige a party to provide the original evidence for review. The court's ruling will determine the method and deadline for submission, as well as the procedure for returning it. After review, the original evidence will be returned to the person who provided it.
Thus, the draft law aims to regulate procedural issues that arise during the examination of evidence in videoconference format.
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